Attorney Andy Campbell, left, and his client Cason Kirby, right, speak to media following a hearing in the Tuscaloosa Circuit Court Wednesday. Kirby's victory in the District 4 school board race is currently being contested about incumbent opponent Kelly Horwitz. (Melissa Brown/al.com)

TUSCALOOSA, Alabama -- A Tuscaloosa County Circuit judge dismissed the city school board election contest Wednesday afternoon, stating there could be no more than 70 potentially illegal votes, short of the 87 votes needed to overturn the election.

"Based on all of the foregoing, the Court finds that there is insufficient evidence to overturn and nullify the election and that further proceedings are neither mandated nor necessary," Judge James Roberts wrote in his opinion filed with the court Wednesday.

Roberts ruling means the election results stand and Cason Kirby, who officially took office last week, will retain his position on the school board.

Horwitz attorney James Anderson and his team said the votes of as many as 397 District 4 voters -- the vast majority of which are University of Alabama fraternity and sorority members -- should be thrown out due to lack of residency requirements, in addition to the possibility of intimidation or election misconduct.